Shri Nikhil Talukdar v. Sri Ashim Saha and 3 Ors

ORDER Date : 11.03.2024

¶1The instant application has been filed for condoning the delay of 1436 days in filing the accompanying appeal against the judgment and decree dated

04.03.2015 passed by the Civil Judge, Darrang, Mangaldoi, in Title Appeal No.3/2013.

¶2This Court has duly perused the said application. From a perusal of the said application, it reveals that it was on account of wrong advice, the applicant has been pursuing remedies under Section 115 of the Code of Civil Procedure, 1908 by filing an application before this Court which was registered and numbered as CRP No.2/2019.

¶3During the course of the said proceedings, it was brought to the attention of the Applicant that the said application under Section 115 of the Code would not be maintainable taking into account that the judgment and decree passed in Title Appeal No.3/2013 does not come within the purview of Assam Urban Areas Rent Control Act, 1972. It is under such circumstances, the accompanying appeal was filed and in that process, there is delay of 1436 days.

¶4This Court having heard the learned counsels for the Respondents is of the opinion that the cause shown in the said application comes within the ambit of sufficient cause in terms with Section 5 of the Limitation Act, 1963. Page No.# 3/3 Consequently, the delay of 1436 days in preferring the accompanying second appeal is condoned.

¶5Accordingly, I.A. stands closed.

¶6The Registry is directed to register the accompanying Regular Second Appeal and list in the column of Order XLI Rule 11 of the Code.

¶7The learned counsel for the Petitioner is directed to serve a copy of the second appeal to the learned counsels for the Respondents during the course of the day. Mr. R. Sharma, the learned counsel submitted that he undertakes to do the same during the course of the day.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002882019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3169/2019 SHRIoNIKHILoTALUKDAR S/O-oLATEoAMBIKAoCHARANoTALUKDAR oR/O-oKHARUPETIAoTOWN oMOUZA-oKHARUPETIA oP.S.oDALGAON oDIST.-oDARRANG oASSAM. oVERSUS SRIoASHIMoSAHAoANDo3oORS. S/O-oSRIoAMULYAoSAHA oR/O-oWARDoNO.o7 oKHARUPETIAoTOWN oMOUZA-oKHARUPETIA oP.S.oDALGAON oDIST.-oDARRANG oASSAM. 2:OFFICER-IN-CHARGE oDALGAONoPOLICEoSTATION DALGAON oDIST.-oDARRANG oASSAM. o3:THEoCHAIRMANoOFoKHARUPETIAoTOWNoCOMMITTEE oKHARUPETIA MOUZA-oKHARUPETIA oP.S.oDALGAON oDIST.-oDARRANG oASSAM. o------------ o Page No.# 2/3 For the Applicant(s) : Mr. R. Sharma, Advocate For the Respondent(s) : Mr. T. U. Laskar, Advocate : Mr. T. R. Gogoi, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH